The Purpose of Criminal Law
What is an example of a law that protects property?
Trespass, arson
What does "presumption of innocence" mean?
An accused person is innocent until proven guilty.
Identify the Latin term for the physical element of a crime
Actus reus — the guilty act
Identify the two main categories of crime
Crimes against the person and crimes against property.
Who is the "principal offender"?
The person who commits the crime.
What does criminal law need to promote justice?
So that there is a clear process to deal with laws and to prevent victims/family members from seeking revenge.
Who holds the burden of proof in a criminal trial?
The prosecution.
What does "mens rea" mean?
The guilty mind — intention to commit a crime.
Give an example of a crime against the person.
Assault, murder.
What’s an "accessory" to a crime?
What is an example of an act they can do?
Someone who assists after the crime, like hiding evidence.
How does criminal law protect the rights of individuals?
It details what is and is not a crime and provides sanctions to punish offenders
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is the minimum "age of criminal responsibility" in Victoria?
10 years old.
What’s an example of a crime against property?
Theft, arson.
Can an accessory be charged if they didn’t commit the crime themselves?
Yes — if they helped the offender avoid justice.
What are the four purposes of criminal law?
Protecting individuals
Protecting community
Protecting property
Promoting justice
Name one right the presumption of innocence protects.
The right to remain silent.
Identify and explain the Latin term associated with the age of criminal responsibility, relevant to children aged between 10 - 14 years.
Doli Incapax - incapable of evil
Describe the difference between summary and indictable offences
Summary are minor offenses tried by a magistrate;
indictable are serious and require a jury.
Do you need to present at the crime to be charged as a principal offender? Why/why not?
No, you can commission or suggest a crime.
What is criminal law?
It assists society in functioning and establishes guidelines for safety.
How does the presumption of innocence help ensure a fair trial?
It forces the prosecution to provide strong evidence to prove the accused is guilt beyond reasonable doubt.
Define "strict liability" in criminal law and provide an example
Crimes that don’t require mens rea
Such as...
Can an indictable offence ever be heard summarily? If so, what are the requirements?
Yes, less serious indictable offences can be heard in the Magistrates' Court.
Can only occur for indictable offences with a maximum penalty of 10 years.
What type of offender would a get-away driver be?
Principal offender